Targeted Disabilities

Employees with targeted disabilities represented 0.99% of the
total government workforce in FY 2004, and of agencies with a
permanent workforce of 500 or more, the Equal Employment
Opportunity Commission, at 2.23%, had the highest percentage of
employees with targeted disabilities. At SEC, employees with
targeted disabilities represented 1.13% of the total workforce.

EEO Complaint Processing

Counseling

There were 39 instances of pre-complaint counseling (performed
by EEO counselors and/or ADR intake officers). SEC timely processed
97.4% of the total number of counselings. Following counseling, 25
formal complaints of discrimination were filed.

Alternative Dispute Resolution

Of SEC's 39 instances of counseling, ADR was offered 100% of the
time; the parties elected to participate in 15.4% of the completed
counselings; and 28.6% of the ADR closures were resolved through
settlements or withdrawals.

At the formal complaint phase, SEC reported no ADR offers.

Processing Times

SEC completed 88% of its investigations within the regulatory
time frames, with an average processing time of 169 days for all
investigations. In most instances, the regulations require
completion of investigations within 180 days. Of the agencies
completing 25 or more

investigations, the Tennessee Valley Authority was the only
agency to complete 100% of their investigations within the
regulatory time frames, with an average processing time of 117
days.

SEC's average processing time for all complaint closures
decreased from 587 days in FY 2003 to 376 days in FY 2004. The
government-wide average was 469 days.

Pending Inventory

SEC had a total of 14 complaints pending at the end of FY 2004,
with 10 pending investigation for an average of 80 days; and 1
pending the issuance of a final decision for 156 days.

Costs

SEC reported no counseling settlements with benefits achieved
during this reporting perid.

SEC agreed to pay a total of $47,075 for 5 complaint closures
through settlement agreement, final agency decision, and final
agency orders fully implementing AJ decisions. For complaint
closures with benefits, the average award (including back/front
pay, compensatory damages, attorney's fees, and lump sum payments)
was $9,415.

SEC expended a total of $69,109 for 8 complaint investigations,
for an average expenditure of $8,639.

Outcome of Counselings Completed in FY
2004

Counseling Outcomes

Completed by EEO Counselor

Completed Using ADR

All Completed Counselings

#

%

#

%

#

%

Total Instances of Counseling:

32

7

39

Settlements

0

0.00%

0

0%

0

0%

Withdrawal/no Complaint Filed

10

31.2%

2

28.5%

12

30.76%

Complaints Filed*

25

64.10%

Decision to File Complaint Pending
at End of Fiscal Year

2

5.12%

*Includes only complaints filed in FY 2004 where counseling was
also completed during FY 2004.

Agency Use of ADR for EEO Dispute
Resolution

Counselings / Complaints

ADR Offers

ADR Participation

#

#

%

#

%

FY 2003 Pre-Complaint
Counselings

18

25

100.00%

6

33.00%

FY 2004 Pre-Complaint
Counselings

39

45

100.00%

6

15.38%

Percentage Change FY 2003 to FY
2004

116.66%

80.00%

0.00%

FY 2003 Complaints*

48

1

2.00%

1

2.00%

FY 2004 Complaints*

41

0

0.00%

0

0.00%

Percentage Change FY 2003 to FY
2004

-14.58%

-100.00%

-100.00%

*Includes all complaints filed in the fiscal year, including
those where the counseling was completed in the prior fiscal
year.